我国地方政府环境责任探析

发布时间：2018-05-15 01:25

本文选题：环境法律责任 + 环境道德责任　；参考：《中国政法大学》2009年硕士论文

【摘要】： 环境问题久治不愈,使我们感觉到落实政府环境责任的重要性,研究政府环境责任问题已成为环境法工作者的一项社会责任。论文通过对资料的收集和分析,在前人研究的基础上,通过比较和分析的论证方法,对政府环境责任特别是地方政府环境责任做了一些初步的探索。全文主要分为两个部分,第一个部分主要是介绍地方政府环境责任的内容。指出了地方政府环境责任就是地方政府环境政治责任、环境道德责任和环境法律责任总和。认为地方政府环境政治责任就是地方各级政府中担任领导职务的公务员、以及地方各级人大代表必须合理作出符合民意的环境决策,并推动该决策执行,以及没有履行好这些职责时所应当承担的谴责和制裁。其责任的实现形式主要是质询和罢免。而地方政府环境道德责任则是地方政府的环境行政机关和环境行政人员所应当承担的一项责任,其责任范围就是充分保障个人的环境权、提供清洁的适合人类生存的公共环境产品与推动社会的清洁可持续发展。对于地方政府环境法律责任,其责任主要是环境行政机关及其工作人员的一种工作责任,根据环境行政机关的职责范围,其承担的环境法律责任主要有撤销旧的错误的行政行为,重新新作出具体行政行为;在法定期限履行曾经不履行或者拖延履行的法定职责;赔偿由于具体行政行为侵犯了行政相对人合法权益而造成的损失。而环境行政机关工作人员承担的环境法律责任主要有行政处分,行政赔偿以及对应的刑事责任。本文第二个部分主要介绍了地方政府环境政治责任、环境道德责任和环境法律责任相互间的区别与联系。指出了三种责任间责任主体的不同,并对其责任范围的不同也做出了简要分析,除此外,对责任追究的主体和责任的实现形式也做了细致分析,对于地方政府环境政治责任来说,地方各级人大代表的责任追究主要是通过原选举单位或者选民来完成的。如果人大代表不能代表原选举单位或者选民的意愿,则原选举单位或者选民可以将其罢免。其它政治责任主体的责任追究除了地方各级人大及其常委会可以对其提出质询和罢免以外,还可以通过其他社会团体、组织、政党等来提出和推动对于政治责任的追究。地方政府环境道德责任的追究主体主要是社会大众,以及其它事业团体组织,每个人都是一个追究主体。其途径是通过社会公众的舆论监督,以及消极执行等方式来表达,而以责任主体的道德良知来达到责任的实现。而地方政府环境法律责任的追究主体包括两类,第一类就是责任主体所在的政府行政机关及其上级部门,另外一类就是行政机关之外的司法机关。其责任实现形式由相关法律法规明确规定。
[Abstract]:The problem of the environment has not been cured for a long time, which makes us feel the importance of implementing the environmental responsibility of the government. Therefore, the study of the environmental responsibility of the government has become a social responsibility of the environmental law workers. Through the collection and analysis of the data, on the basis of previous studies, through the comparison and analysis of the argumentation method, the paper makes some preliminary exploration on the environmental responsibility of the government, especially the local government environmental responsibility. The first part mainly introduces the content of local government environmental responsibility. It is pointed out that the environmental responsibility of local government is the summation of environmental political responsibility, environmental moral responsibility and environmental legal responsibility. Holding that the environmental and political responsibility of local governments is that civil servants holding leading positions in local governments at all levels, as well as deputies to local people's congresses at all levels, must rationally make environmental decisions in line with public opinion and promote the implementation of such decisions. And blame and sanction for failing to perform these duties well. The main form of its responsibility is to question and recall. On the other hand, the environmental moral responsibility of local government is a responsibility that the environmental administrative organs and environmental administrative personnel of local governments should bear, and its scope of responsibility is to fully protect the environmental rights of individuals. Provide clean public environmental products suitable for human survival and promote clean and sustainable development of society. For the environmental legal responsibility of the local government, its responsibility is mainly a kind of work responsibility of the environmental administrative organ and its staff, according to the scope of the responsibility of the environmental administrative organ, Its environmental legal liability mainly includes repealing the old and wrong administrative acts, making new specific administrative acts, performing the legal duties which have not been fulfilled or delayed within the legal time limit; Compensation for losses caused by specific administrative acts that infringe on the legitimate rights and interests of administrative counterparts. The environmental legal liability of environmental administrative personnel mainly includes administrative punishment, administrative compensation and corresponding criminal liability. The second part of this paper mainly introduces the differences and relations among local governments' environmental political responsibility, environmental moral responsibility and environmental legal responsibility. This paper points out the differences of responsibility subjects among the three kinds of responsibilities, and makes a brief analysis of the differences in the scope of responsibility, in addition to the detailed analysis of the main body and the realization form of responsibility. For the environmental and political responsibilities of local governments, the accountability of local people's congresses at all levels is mainly carried out through the original electoral units or voters. If the NPC deputies cannot represent the original electoral units or the wishes of the voters, the former electoral units or voters may remove them. In addition to the local people's congresses and their standing committees at various levels, they can challenge and remove them, and they can also raise and promote the investigation of political responsibilities through other social organizations, and political parties. The main body of environmental moral responsibility of local government is the public, as well as other public organizations, everyone is a subject of investigation. The way is to express it through public opinion supervision and passive execution, and to achieve the realization of responsibility by the moral conscience of the responsible subject. There are two kinds of subjects to investigate the environmental legal responsibility of the local government. The first is the government administrative organ and its superior department, the other is the judicial organ outside the administrative organ. Its responsibility realization form is specified by the relevant laws and regulations.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68

【引证文献】